To insert the following subclause after subclause (2) (after line 11 on page 19):

(2A)Section 2(3) is amended by omitting “and subpart 3 of Part 3”.

Subclause (3): new subsection (4): to omit and substitute (lines 13 to 15 on page 19):

“(4)Subparts 3 and 4 of Part 3 (as substituted by section 23 of the Local Government (Auckland Law Reform) Act 2009) come into force on the day after the date on which that Act receives the Royal assent.”

Clause 7

Subclause (2): to omit this subclause (lines 27 and 28 on page 19) and substitute the following subclause:

(2)Section 4(4) is amended by omitting “Accordingly, this Part (other than sections 27 and 28 and subpart 3) commences 2 days after the date on which this Act receives the Royal assent”.

Subclause (1): paragraph (b) of the new definition of boundary adjustment Order: to omit “giving effect to the Local Government Commissions's” (line 21 on page 20) and substitute “that gives effect to the Local Government Commission's”.

(5)Section 13(2)(b) is repealed and the following paragraph substituted:

“(b)develop a change management plan that includes protocols and processes for managing—

“(i)the transition of assets from existing local government organisations to give effect to the new local governance arrangements for Auckland; and

“(ii)the transition or termination of staff from existing local government organisations to give effect to the new local governance arrangements for Auckland, having regard to the existing employment agreements applying to the staff.”

Clause 12

To insert the following subclause before subclause (1) (before line 3 on page 23):

Heading to new section 29F: to omit “before Council dissolved” (line 3 on page 33).

New section 29G(2)(a)(i): to omit “that, on 1 November 2010, in accordance with the boundary adjustment Order will become part of Waikato district” (lines 23 to 25 on page 33) and substitute “that on 1 November 2010, in accordance with the boundary adjustment Order, will become part of Waikato District”.

New section 29G(2)(c)(i): to omit “that, on 1 November 2010, in accordance with the boundary adjustment Order will become part of Hauraki district” (lines 34 to 36 on page 33) and substitute “that on 1 November 2010, in accordance with the boundary adjustment Order, will become part of Hauraki District”.

New section 29G(2)(e)(i): to omit “that, on 1 November 2010, in accordance with the boundary adjustment Order” (lines 8 to 10 on page 34) and substitute “that on 1 November 2010, in accordance with the boundary adjustment Order,”.

New section 44: to insert the following subsection after subsection (2) (after line 28 on page 52):

“(2A)An order made under this section must be made before 1 November 2010.

New section 44(4): to omit this subsection (lines 4 and 5 on page 53).

New section 45(1): to omit “, with effect on and from 1 November 2010, 1 or more entities as council-controlled organisations of the Auckland Council” (lines 12 to 14 on page 53) and substitute “1 or more entities as council-controlled organisations of the Auckland Council to operate on and from 1 November 2010”.

New section 45: to insert the following subsection after subsection (2) (after line 23 on page 53):

“(2A)Without limiting subsection (2)(d), and to avoid doubt, an order made under subsection (1) may specify details concerning the financial structure and operation of the organisation.

New section 45(3): to omit this subsection (lines 24 to 28 on page 53).

New section 45(4): to omit “under this section” (line 30 on page 53).

New section 45(6): to omit this subsection (lines 4 to 12 on page 54).

New section 46: to insert the following subsection after subsection (2) (after line 28 on page 54):

“(2A)An order made under this section—

“(a)must be made before 1 October 2010; and

“(b)has effect on and from a specified date (being no later than the close of 31 October 2010).

New section 46(4): to omit this subsection (lines 31 to 34 on page 54).

New section 47(1): to omit “for the Auckland Council” (lines 3 and 4 on page 55) and substitute “to serve as the standing orders of Auckland Council until the Council adopts its first standing orders under clause 27 of Schedule 7 of the Local Government Act 2002”.

New section 47: to omit subsections (2) to (5) (lines 5 to 16 on page 55) and substitute the following subsections:

“(2)The prescribed standing orders must not contravene the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act.

“(3)An order made under this section—

“(a)must be made before 1 November 2010; and

“(b)has effect on and from 1 November 2010.

“(4)The Minister must recommend the making of an order, but must first consult the Transition Agency.

Definition of water supply and wastewater services: to omit this definition (lines 12 to 25 on page 63) and substitute the following definition:

“water supply and wastewater services—

“(a)includes both bulk and retail supply and services; but

“(b)does not include—

“(i)water supply or wastewater schemes that are independent of a water supply network or wastewater network, as the case may be, within Auckland; or

“(ii)privately owned water supply or wastewater schemes; or

“(iii)stormwater drainage services, except to the extent that any stormwater drainage infrastructure is also used for wastewater services under normal dry weather flow conditions—

“and water supply or wastewater services, water supply services, and wastewater services have corresponding meanings

Clause 35

Subclause (1A): to omit this subclause (lines 35 and 36 on page 64) and substitute the following subclause:

(1A)Section 11(4) is amended by omitting “subsections (2) and (3), the Local Electoral Act 2001 applies” and substituting “(2)(a) and (3), the Local Electoral Act 2001 and any regulations made under that Act apply”.

New clause 36A

To insert the following clause after clause 36 (after line 30 on page 65):

36AFunctions, duties, and powers of local boards

Heading to new section 19A: to omit “to” (line 1 on page 67) and substitute “must”.

To insert the following subsection after subsection (1) (after line 5 on page 67):

“(1A)The Auckland Council must include its first estimated local board funding allocation under this section in the plans no later than the date that the LTCCP for the period commencing 1 July 2012 is adopted.

Subclause (1C): to omit this subclause (lines 35 and 36) and substitute the following subclause:

(1C)Section 20(4)(b)(iii) is repealed and the following subparagraph substituted:

“(iii)the estimated funding allocation for the local board for the following year included in the LTCCP under section 19A; and”.

Clause 40B

To insert the following subclause before subclause (1) (before line 29 on page 69):

(1AA)The heading to section 22 is amended by omitting “to” and substituting “must”.

Clause 40D

Subclause (3): new subsection (5): to omit “a bylaw under subsection (3) or (4)(a)” (lines 8 and 9 on page 70) and substitute “under subsection (3) or (4)(a) a bylaw”.

New clause 40E

To insert the following clause after clause 40D (after line 11 on page 70):

40EHeading above section 29

The heading above section 29 is amended by adding “and their members”.

Clause 45

Definition of board of directors or board in new section 37(1): to omit this definition (lines 18 and 19 on page 72).

Definition of director in new section 37(1): to add “of Auckland Transport” (lines 20 and 21 on page 72).

New section 38B: to omit “In meeting its principal objective under section 59 of the Local Government Act 2002 and performing its functions and exercising its powers” (lines 22 to 24 on page 73) and substitute “In meeting its principal objective (as a council-controlled organisation) under section 59 of the Local Government Act 2002, and in performing its functions”.

New section 41(ea): to omit “Auckland Council may lawfully direct Auckland Transport” (lines 10 and 11 on page 77) and substitute “Council may lawfully direct it”.

New section 42(1)(d): to omit “(except the power under subsection (1)(a)), 591A, and 684 of the Local Government Act 1974” (line 38 on page 77 to line 1 on page 78) and substitute “, 591A, and 684 of the Local Government Act 1974 (except the power conferred by section 591(1)(a)”.

New section 42(1)(e): to omit “or a controlling” (line 4 on page 78) and substitute “and a controlling”.

New section 43A(1): to add “in relation to that land” (line 16 on page 82).

New section 43A(2): to omit “for any transport-related purpose of the Auckland transport system” (lines 19 and 20 on page 82) and substitute “in relation to the Auckland transport system and for any transport-related purpose”.

New section 75(2)(e): to omit “prescribe requirements for the management of assets of a substantive council-controlled organisation” (lines 7 and 8 on page 109) and substitute “comply with any specified requirements for the management of the assets of the organisation”.

Heading to new section 76B: to omit “chair and deputy chair” (line 19 on page 110) and substitute “chairperson and deputy chairperson”.

New section 76B(1): to omit “chair and deputy chair” (line 21 on page 110) and substitute “chairperson and deputy chairperson”.

New section 76B(2): to omit “chair or deputy chair” (line 24 on page 110) and substitute “chairperson or deputy chairperson”.

Subclause (1): to omit “1 July 2012” (line 13 on page 131) and substitute “the end of the moratorium”.

Definition of Auckland Council in subclause (4): to omit this definition (lines 21 to 24 on page 132) and substitute the following definition:

Auckland Council or Council (except in subsection (2)(aa)) includes—

(a)a council-controlled organisation of the Auckland Council; and

(b)a subsidiary of a council-controlled organisation of the Auckland Council

Definition of moratorium in subclause (4): to omit “from 1 November 2010 to 1 July 2012” (lines 25 and 26 on page 132) and substitute “beginning on 1 November 2010 and ending at the close of 30 July 2012”.

Clause 64

Subclause (2): to omit “1 July 2010 to 31 October 2010” (lines 24 and 25 on page 133) and substitute “beginning on 1 July 2010 and ending at the close of 31 October 2010”.

Subclause (1)(b): to omit “supply and distribution of water, and collection, treatment, and disposal” (lines 18 and 19 on page 142) and substitute “supply or distribution of water or the collection, treatment, or disposal”.

Subclause (2): to omit this subclause (lines 32 to 34 on page 142) and substitute the following subclause:

(2)Subsection (3) applies to infrastructure only—

(a)to the extent that the operation, maintenance, and improvement of infrastructure are not covered by the requiring authority approvals; and

To omit “must be set using capital value of land” (lines 18 and 19 on page 148).

Clause 75I

Subclause (1): to omit “Despite section 52(1)(a) of the Local Government (Rating) Act 2002” (lines 12 and 13 on page 148) and substitute “Until the close of 30 June 2012”.

Subclause (2): to omit “expires on 30 June 2012” (line 17 on page 148) and substitute “prevails over section 52(1)(a) of the Local Government (Rating) Act 2002”.

Clause 76

To omit “can” (line 30 on page 148) and substitute “may”.

To omit “starting on 1 July 2012 and ending 30 June 2015” (lines 31 and 32 on page 148) and substitute “beginning on 1 July 2012 and ending at the close of 30 June 2015”.

Clause 77

Paragraph (a) of the definition of previous rates: to omit “rates” (lines 10 on page 149) and substitute “rate”.

Definition of rating unit: to omit this definition (lines 21 and 22 on page 149).

Definition of rating year: to omit “any of” (line 23 on page 149).

Definition of unchanged rating unit: to omit this definition (line 35 on page 149 to line 11 on page 150) and substitute the following definition:

unchanged rating unit, in respect of a particular rating year, means a rating unit that, compared with the immediately preceding rating year, is unchanged in terms of the information to be used for setting and assessing rates for the rating unit. For the purposes of this definition, the following are not changes in information:

(a)a change resulting from the valuation required by section 18B of the Reorganisation Act; or

(b)a change resulting from an objection under section 29 of the Local Government (Rating) Act 2002; or

(c)a change resulting from a correction under section 40 of the Local Government (Rating) Act 2002; or

(d)a change resulting from the implementation of a decision of the Land Valuation Tribunal under section 39 of the Rating Valuations Act 1998.

Subclause (5): to omit “as provided for in this section” (line 31 on page 162).

Clause 90A

Heading to clause 90A: to omit this heading (lines 32 to 34 on page 162) and substitute the following heading: “Limitations on requiring further contribution for water supply or wastewater services infrastructure”.

To add the following subclause (after line 10 on page 163):

(3)In this section, Auckland water organisation has the same meaning as in section 4(1) of the Local Government (Auckland Council) Act 2009.

Clause 91

Subclauses (1) and (2): to omit these subclauses (lines 12 to 32 on page 163) and substitute the following subclause:

(1)This section applies to a development contribution (or any part of a development contribution) that is required for transport infrastructure and that is—

(a)paid or made to the Council on or after 1 November 2010 under a policy described in section 87AB; or

Heading to clause 91C: to omit this heading (lines 32 to 34 on page 164) and substitute the following heading: “Prohibition on requiring contribution for certain infrastructure of Watercare Services Limited”.

Subclause (2): to omit this subclause (lines 3 to 8 on page 165) and substitute the following subclause:

(2)This section prevails over section 108 of the Resource Management Act 1991 and applies even if a district plan in force under section 105(2) of this Act authorises a financial contribution to be imposed under that Act.

Clause 92

To insert the following subclause after subclause (2) (after line 19 on page 165):

(2A)Each bylaw remains in force in the area to which it applied at the close of 31 October 2010.

Subclause (3): to omit “A bylaw to which this section applies must be reviewed” (line 32 on page 165) and substitute “Each bylaw must be reviewed by Auckland Transport”.

Subclause (3B): to omit this subclause (lines 13 to 16 on page 168) and substitute the following subclause:

(3B)If section 159 of the Local Government Act 2002 applies to a bylaw confirmed or amended under this section, for the purposes of that section the date of the confirmation or amendment of the bylaw must be treated as if it were the date of the initial last review of the bylaw.

Subclause (3)(a): to insert after “it was issued” (line 12 on page 171) “does not work or”.

Subclause (3B)(a): to insert after “it was issued” (line 1 on page 172) “does not work or”.

Clause 97

Subclause (1)(b): to omit this paragraph (lines 12 and 13 on page 172) and substitute the following paragraph:

(b)they were issued by an existing local authority to—

(i)an employee of or contractor to the existing local authority; or

(ii)an employee of Watercare Services Limited:

Subclause (3)(a): to omit “ceases to work for the Auckland Council:” (lines 21 and 22 on page 172) and substitute “does not work or ceases to work for the Auckland Council or Watercare Services, as the case may be:”.

Clause 98

Subclause (2): to omit “for the area to which it applies” (lines 32 and 33 on page 173) and substitute “in the area to which it applied at the close of 31 October 2010”.

To omit this clause (lines 1 to 17 on page 180) and substitute the following clause:

104ACouncil may direct Principal Rural Fire Officer to also perform functions in other districts

Until the Auckland Council appoints a Principal Rural Fire Officer for Auckland under section 13(1) of the Forest and Rural Fires Act 1977, it may direct a person described in section 104(4) to also perform the functions of his or her office in the following districts:

(a)the district of an existing local authority for which, at the close of 31 October 2010, there is no Principal Rural Fire Officer:

(b)the former district of an existing local authority for which, at any time after the close of 31 October 2010 but before the appointment of the Principal Rural Fire Officer for Auckland, there ceases to be a Principal Rural Fire Officer.

Clause 105AA

Heading to clause 105AA: to omit “within Auckland Council jurisdiction” (line 20 on page 180) and substitute “included within Auckland”.

Subclause (2)(a): to omit “council-controlled organisation or other entity, of the estate or the interest of the existing council-controlled organisation or entity” (lines 20 to 22 on page 194) and substitute “local authority, existing council-controlled organisation, or other entity, of the estate or the interest of the existing local authority, council-controlled organisation, or entity”.

Clause 113

Subclause (1)(c): to omit “(P)” (line 18 on page 196).

Subclause (3): to insert after “exceptions” (line 29 on page 196) “stated in the section”.

Heading to clause 120: to omit this heading (lines 1 and 2 on page 200) and substitute the following heading: “Franklin District Council development contributions not transferred to Auckland Council”.

Subclause (2): to omit “district or Waikato district gains territory from the former Franklin district” (lines 5 and 6 on page 200) and substitute “District or Waikato District gains territory from the former Franklin District”.

Heading to clause 121: to omit “development contributions in accordance with schedules prepared under section 29G of Reorganisation Act” (lines 25 to 27 on page 200) and substitute “schedule development contributions”.

Definition of Order in subclause (5): to omit this definition (line 18 on page 201).

Definition of the territory of its district gained from the former Franklin district in subclause (5): to omit “district means the territory gained by the Hauraki district or the Waikato district, as the case may be, in accordance with the” (lines 20 to 22 on page 201) and substitute “District means the territory gained by the Hauraki District or the Waikato District, as the case may be, in accordance with the boundary adjustment”.

New Schedule 3: clause 4(2)(b): to omit “if the erection of the sign is not inconsistent with the agreement” (lines 3 and 4 on page 226) and substitute “and the erection of a sign is not inconsistent with that agreement, the tenant's consent”.

Heading to new Schedule 4: to omit “Termination” (line 3 on page 228) and substitute “Terminating”.

Part 1: item relating to Local Government Act 1974 (12974 No 66): item relating to section 707A: to omit this item (line 17 on page 278).

Part 1: item relating to Local Government Act 2002 (2002 No 84): to insert the following items after the item relating to section 313 (line 29 on page 279):

Part 1 of Schedule 2: omit item relating to the Auckland Regional Council.

Part 2 of Schedule 2: omit items relating to Auckland City Council, Franklin District Council, Manukau City Council, North Shore City Council, Papakura District Council, Rodney District Council, and Waitakere City Council.

Part 2: to insert the following item after the item relating to Auckland and Manukau Canal Act 1908 (1908 No 24 (L)) (after line 17 on page 284):

Auckland Aotea Centre Empowering Act 1985 (1985 No 9 (L))

Repeal.

Part 2: item relating to Auckland City Council (Remuera Shopping Development) Empowering Act 1975 (1975 No 4 (L)): item relating to heading to section 2: to omit this item (lines 6 and 7 on page 287) and substitute the following item:

Explanatory note

This Supplementary Order Paper amends the Local Government (Auckland Law Reform) Bill. Most of the amendments are of a minor, typographical, or technical nature (for example, cross-references and inconsistencies in language within the Bill are corrected). In addition, there are some more substantial amendments, including the amendments discussed in the following paragraphs.

New section 49 in clause 45 sets out the obligations of Auckland water organisations. This includes the obligation to manage its operations efficiently with a view to keeping the overall costs of water supply and wastewater services at the minimum levels consistent with the effective conduct of its undertakings and the maintenance of the long-term integrity of its assets. The amendment to this clause clarifies that this obligation is in relation to its customers (collectively).

Clause 138(1) of the Bill amends, repeals, and revokes certain enactments in the manner indicated in Schedule 3. The repeal of the Auckland Aotea Centre Empowering Act 1985 (L) is now included in that schedule.